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Dispute over transfer boards: Keheliya’s word final – Prime Minister

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Contradictory statements over Temple Trees talks

By Shamindra Ferdinando

A simmering battle between the health ministry and the Government Medical Officers’ Association (GMOA) over the recent controversial change of the system that had been in place with regard to post-intern appointments has taken a new turn with Premier Mahinda Rajapaksa declaring that the final decision on such matters should be taken by Health Minister Keheliya Rambukwella.

PM Rajapaksa said so at the end of a meeting at Temple Trees on Tuesday morning (04) attended by Minister Rambukwella and GMOA President Dr. Anuruddha Padeniya.

PM Rajapaksa’s Office yesterday (05) morning quoted him as having told the meeting that the final decision was the prerogative of the Health Minister. According to the statement issued under the hand of PM’s Media Secretary Rohan Weliwita, Minister Rambukwella has told Premier Rajapaksa that the newly introduced system couldn’t be changed. Having ruled out further talks meant to restore the discarded system, Minister Rambukwella has said that he was prepared to discuss issues at hand pertaining to the newly introduced system. The Minister was reacting to the GMOA requesting the restoration of the discarded system.

Minister Rambukwella challenged the GMOA over the latter’s accusations regarding him interfering in administrative decisions.

Yesterday’s press release further quoted Premier Rajapaksa as having said that some issues couldn’t be resolved through discussions.

Top GMOA spokesperson Dr. Samantha Ananda yesterday told The Island that the Premier’s Office called the meeting on a request made by them. The meeting that commenced at 10 am ended close to noon with the health ministry and the GMOA unable to reach consensus on the issue at hand.

Yesterday’s press release issued by the PM’s Office following strong interventions by the health ministry was the third that dealt with the Temple Trees meeting.

On Tuesday, the PM’s Office released two statements also under the hand of Rohan Weliwita.

Premier Mahinda Rajapaksa has asserted that the change of the system that had been in place with regard to post-intern appointments will cause disputes.

The Premier has advised all stakeholders to reach a consensus whether to retain the same system inclusive of medical transfer boards.

Prime Minister’s Office on Tuesday night (4) quoted him as having instructed Director General of Health Services (DGHS) Dr. Asela Gunawardena to settle differences through consultations.

In the first statement, Premier Rajapaksa was quoted as having reproached health ministry officials over the unilateral change of the system. Premier Rajapaksa has told health ministry officials not to pursue political agenda at the expense of the government but to deal with trade unions in terms of the establishment of code.

Among those who had been present at the meeting were health minister Keheliya Rambukwella, Health Secretary Maj. Gen. Dr. S.H. Munasinghe, Secretary to the National Salaries Commission Chandrani Senaratne, DGHS Dr. Asela Gunawardena and President of the Government Medical Officers’ Association (GMOA) Dr. Anuruddha Padeniya.

Dr. Padeniya has requested the ministry to treat Administrative Medical Officers (Medical Administrative Grade) equally without them being divided into two sections namely Senior Medical Administrative Grade and Junior Medical Administrative Grade. Asked for clarification, Dr. Chamil Wijesinghe also of the GMOA said that the GMOA believed the two sections should be combined.

The GMOA has sought the intervention of Premier Rajapaksa after having accused the health ministry of failing to address the grievances of doctors. In a statement issued on Dec 28, 2021, the GMOA explained the difficulties experienced by three categories of doctors in service, namely (1) Grade Medical Officers (2) Specialist Medical Officers and (3) Administrative Medical Officers.

The GMOA resorted to trade union action from Dec 21 to 24 demanding that the government address seven major issues.

The GMOA, in a statement that dealt with the Temple Trees meeting said that the outfit was compelled to strike due to unilateral actions of Deputy Director General of Health Services Dr. G. Wijesuriya. According to the GMOA statement issued by its Secretary Dr. Senal Fernando, Premier Rajapaksa has directed DGHS Dr. Gunawardena to restore the abolished system in which transfer boards played a significant role.

The GMOA said that Premier Rajapaksa also directed the DGHS to establish an independent committee that would be tasked to inquire into the irregularities caused by the changes made to the Medical Administrative Grade at the behest of the then health Minister Rajitha Senaratne and his wife, Dr. Sujatha Senaratne. The GMOA used the opportunity to explain how Dr. Seneratne’s unilateral interventions caused problems for the Medical Administrative Grade and resulted in overall deterioration of the services and working conditions.



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INS Airavat makes port call in Colombo

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The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.

INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.

During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.

The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.

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BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges

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… tells Prez such arbitrary change neither necessary nor desirable

The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.

In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.

The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.

It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.

To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.

Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.

Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.

Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.

If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.

The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.

The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.

In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.

We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”

Govt. declines to respond

A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.

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New US tariffs proposed on 60 countries, including Sri Lanka

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12.5% additional duties on goods imported from Colombo

The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in ‌goods made with forced labour.

The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.

The USTR said it determined that it would impose 10% duties related to ⁠the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.

The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.

“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”

According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.

The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.

Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.

The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports ‌to ⁠enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.

The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.

On Monday, the USTR proposed ⁠a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into ⁠the buildup of excess industrial capacity in 16 trading partners, including China.

In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain ⁠other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.

The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.

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